Hi there. An employer must give a minimum amount of notice before terminating an employee’s employment. If you were working for less than one year, you must have been given at least one week’s notice or paid out the equivalent amount in wages. The same rule applies to all employees, even if you were on probation.

If you received less than one week’s notice, you may be eligible to make an unfair dismissal claim. Unfair dismissal claims are possible when an employee’s termination was harsh, unjust or unreasonable. You would need to prove that the amount of notice you received, or other circumstances leading up to your termination, were harsh, unjust or unreasonable. Unfair dismissal claims must be lodged with the Fair Work Commission (www.fwc.gov.au) within 21 days of your employment ending. If your claim is successful, you may be reinstated or receive compensation.

You may face some difficulty proving that your termination was harsh, unjust or unreasonable – especially if you were still on probation. Probation periods are designed to give employers greater flexibility in managing new employees (e.g. lower wages, simpler rules around ending employment, etc). Depending on the exact terms of your employment contract, you may find that your employer had the right to terminate your employment without first addressing performance issues.

Suggested way forward

You should speak to a lawyer about your situation and whether you should lodge an unfair dismissal claim or seek another remedy. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.